20130701 TZHC Mwanza
- Citation
- 20130701 TZHC Mwanza
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 1 July 2013
- Posture
- Land Case Appeal / Ruling on Withdrawal of Appeal
- Language
- English
More details
- Court
- TZHC
- Decision
- 1 July 2013
- Posture
- Land Case Appeal / Ruling on Withdrawal of Appeal
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appellants, having instituted the appeal, are at liberty to withdraw it, and such withdrawal attracts costs to the respondent.
Court disposition
Appeal withdrawn with costs
Orders
- Appeal withdrawn as prayed by the first Appellant with costs
02
Material facts
Parties
Josia Methusela
1st AppellantS & C Ginning Co. Ltd
2nd AppellantMaria Mwilago
Respondent03
Procedural history
Posture
Land Case Appeal / Ruling on Withdrawal of Appeal
04
Questions and positions
Legal issues
- 01
Whether the appellants can withdraw the appeal
- 02
Entitlement to costs upon withdrawal
Party arguments
- Applicant
- The 1st Appellant's counsel prayed for abandonment or withdrawal of the appeal.
05
Court’s reasoning
Legal principles
- 01
Court's inherent powers
A party who instituted an appeal is at liberty to withdraw it.
- 02
Court's discretion
Withdrawal of an appeal attracts costs to the other party.
06
Ratio, limits and disposition
Ratio decidendi
The appellants, having instituted the appeal, are at liberty to withdraw it, and such withdrawal attracts costs to the respondent.
Court disposition
Appeal withdrawn with costs
- Appeal withdrawn as prayed by the first Appellant with costs
Source and reliance status
TZHC · 1 July 2013
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 1 July 2013
IN THE HIGH COURT OF TANZANIA' (LAND DIVISION)
AT MWANZA LAND CASE APPEAL NO. 37 OF 2009 (From the Decision of the District Land and Housing Tribunal of Mwanza District at Mwanza in Land Case No. 17 of 2006) JOSIA METHUSELA ......................................... 1sr APPELLANT S &C GINNING CO. LTD .................................. 2ND APPELLANT
VERSUS MARIA MWILAGO ............................................ RESPONDENT
RULING B.R. MUTUNGI, J. Before me is a prayer by the 1st Appellant's _counsel for abandonment or withdrawal of the appeal filed of which I find as they were the ones who instituted the same are at liberty to decide what to do with their appeal. Since now that the first Appellant who instituted the appeal has decideq to abandon the same I have no reason but to _grant their prayer. , As to costs it is obvious the appeal has been filed since "" 2009J this will definitely attract costs. In view 'Of the foregoing 1 I proceed to withdra,w the appeal as prayed by the first Appellant with costs. ORDER: Appeal withdrawn with costs. B.R. MUTUNGI
JUDGE 1/7/2013 2 ( .
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